Two state agencies have issued permits for Enbridge Energy's proposed tunnel to replace the existing 73-year-old dual pipelines on the lakebed under the Straits of Mackinac.
The Michigan Department of Environment, Great Lakes, and Energy said the tunnel plans underwent a comprehensive review and meet regulatory and statutory requirements, including a mitigation plan for impacts to wetlands and cultural resources.
The agency review concluded that "the public and private need for the proposed activity outweighed other public interest criteria." As a condition of the permit, Enbridge will be required to submit an improved wetland mitigation plan to address wetland impacts.
The Michigan Department of Natural Resources as also issued a permit, this one needed for the tunnel project under Part 365 of the Natural Resources and Environmental Protection Act.
The environmental group Flow Water Advocates denounced the issuance of the permits, saying the state has failed to carry out its duties under the Michigan Wetlands Protection Act (Part 303), the Great Lakes Submerged Lands Act (Part 325), and the Public Trust Doctrine — and also disregarded tens of thousands of public comments, in favor of a Canadian owned pipeline company that primarily delivers crude oil to Canada.
“That these heartbreaking permit decisions were announced during a period of dangerously bad air quality due to climate change-related wildfires is sadly poetic,” said Liz Kirkwood, Flow Water Advocates executive director. “It’s a stark illustration that building this tunnel and further entrenching the burning of fossil fuels isn’t just wrong for the Straits and Michiganders, it’s wrong for the planet.”
Enbridge spokesperson Ryan Duffy said the permits are an important step forward for the project, which will protect the Great Lakes while keeping energy flowing to the state and region, and that Line 5 continues to operate safely.
The DNR said its permit requires several measures by Enbridge to reduce impacts on rare plants and animals.
The DNR determined the tunnel project would adversely impact two federally and state threatened plant species — Houghton’s goldenrod and dwarf lake iris, as well as several bat habitats.
But the U.S. Fish & Wildlife Service also considered the expected impacts, and concluded that the tunnel project would not jeopardize the continued existence of these species. The DNR concurred, but said it developed a set of permit requirements to lessen impacts on plants and animals on the state's list of threatened species.
Specifically, Enbridge Energy must:
- Keep topsoil and collect seeds to be used to restore part of the Houghton’s goldenrod and dwarf lake iris populations after construction.
- Monitor the restored areas for at least five years to ensure healthy regrowth.
- Clear trees only during winter months to avoid disturbing bats.
- Take care throughout construction zones to avoid damaging sensitive plant areas.
- Keep surrounding vegetation as natural as possible and limit herbicide use.
- Consider long-term protection, such as a conservation easement, to protect surrounding rare plants.
- Explore additional opportunities to support recovery efforts for impacted rare plants.
Meanwhile, a number of other required permits remain to be issued, including a renewal of a National Pollutant Discharge Elimination System permit. The program controls the discharge of pollutants into surface waters by imposing limitations to protect water quality.
The Michigan Department of Environment, Great Lakes, and Energy said there are also ongoing court cases involving the existing Line 5 pipelines.
"Earlier this year, the United States Supreme Court unanimously determined that the Michigan Attorney General’s lawsuit seeking to shut down the pipelines should proceed in state court," EGLE said in a press release. "That lawsuit, along with a related case involving Governor (Gretchen) Whitmer’s efforts to revoke the pipeline’s easement, remains active while a federal appeal continues."
"The broader dispute involves questions about state authority and long-standing concerns related to environmental and public trust impacts. A final decision in these proceedings will determine whether the existing pipelines may continue to operate," EGLE said.
More information about the Line 5 project and related state actions is available from the state government at Line 5 in Michigan.
Editor's note: Enbridge is among Michigan Public's corporate sponsors.
